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Garrett v. State

Court of Appeals of South Carolina
Mar 19, 2014
2014-UP-115 (S.C. Ct. App. Mar. 19, 2014)

Opinion

2014-UP-115

03-19-2014

Antwon Garrett, Petitioner, v. State of South Carolina, Respondent. Appellate Case No. 2012-212314

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent.


UNPUBLISHED OPINION

Submitted February 1, 2014

Appeal From Dorchester County DeAndrea G. Benjamin, Circuit Court Judge

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner.

Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent.

PER CURIAM

Petitioner seeks a writ of certiorari from the denial of his application for post-conviction relief (PCR).

Because the record contains evidence to support the PCR court's finding that Petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant certiorari and proceed with a review of the direct appeal issue pursuant to Davis v. State, 288 S.C. 290, 342 S.E.2d 60 (1986). We otherwise deny the petition for writ of certiorari.

Petitioner appeals his conviction of voluntary manslaughter, arguing the plea court erred in accepting his guilty plea without advising him of the sentencing consequences. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: In re Antonio H., 324 S.C. 120, 122, 477 S.E.2d 713, 714 (1996) (holding a defendant must raise an issue at the time of the plea to preserve it for appeal); State v. McKinney, 278 S.C. 107, 108, 292 S.E.2d 598, 599 (1982) (holding the "failure to object at trial to the involuntary nature of a guilty plea precludes consideration of the issue on appeal").

AFFIRMED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

HUFF, THOMAS, and KONDUROS, JJ., concur.


Summaries of

Garrett v. State

Court of Appeals of South Carolina
Mar 19, 2014
2014-UP-115 (S.C. Ct. App. Mar. 19, 2014)
Case details for

Garrett v. State

Case Details

Full title:Antwon Garrett, Petitioner, v. State of South Carolina, Respondent…

Court:Court of Appeals of South Carolina

Date published: Mar 19, 2014

Citations

2014-UP-115 (S.C. Ct. App. Mar. 19, 2014)